Theiling v. Marshall
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph H. Theiling, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office’ of the clerk of the county of Kings on the 30th day of April, 1910, as resettled by an order entered on the 11 th day of May, 1910, denying the plaintiff’.s motion for judgment on the pleadings.
1Opinion of the Court
Woodward, J.:
The complaint in this action alleges that one Richard Marshall was at and before his death seized in fee and in possession of the premises described in the complaint; that, being so seized, he died on the 13th day of April, 1909, leaving a last will and testament dated on said day, which said last will' and testament is set forth in the complaint as an exhibit; that the defendant Frank Marshall is the Frank Marshall referred to in said last will and testament, and is a son of said testator; that on or about April sixteenth the said Frank Marshall signed and acknowledged an…
2Cases cited1 opinion
- Kain v. . LarkinNew York Court of Appeals · 1894
3Cited by3 opinions
- Realty Associates v. HoageAppellate Division of the Supreme Court of the State of New York · 1910
- Crook v. LicourtAppellate Division of the Supreme Court of the State of New York · 1926
- Framingham Trust Co. v. VillardNew York Supreme Court · 1911